Procedure When a Student Complains of Bullying or Harassment

49. Wherever possible, the aim is to resolve complaints of harassment promptly and effectively so that good working relationships and normal social interaction can be resumed as quickly as possible. 50. For the purposes of this procedure, ‘harassment’ is taken to include bullying and victimisation. 51. All information concerning allegations of harassment must be treated in the strictest confidence and breaches of confidentiality may give rise to disciplinary action in accordance with the policy on harassment and bullying.

Sources of advice

52. Any student who believes that s/he may be being harassed, or who has been told that his or her behaviour is harassing, and who wishes to discuss such concerns in confidence, can do this with the nominated and trained Harassment Advisers. S/he may also (or as well as) discuss the problem with a Personal Tutor, the Senior Tutor or Student Welfare.

Harassment Advisers (HAs)

53. These are members of university staff, both academic and non-academic, who are trained to give preliminary procedural advice to those who feel that they may be the subject of bullying or harassment. S/he will listen to the individual’s concerns in accordance with the University Confidentiality Policy, and discuss what steps can be taken towards a solution. The Harassment Adviser cannot give legal advice.

Initial Action

54. A student who feels that s/he is being harassed in the course of his/her university activities (such as study, or university leisure activities) may feel able to approach the person in question to explain what conduct s/he finds upsetting, offensive or unacceptable, and to ask that person to refrain from that

behaviour. Such an informal approach may be all that is required to resolve the issue. The University does not wish to be prescriptive as to the form of any such action that the complainant or the person who is the subject of the complaint may wish to make.

55. If the complainant is unable or reluctant to approach the person complained against, or if this does not resolve the problem, s/he may approach an Harassment Advisor to discuss the problem.

Role of the Senior Tutor

56. The next step for a student, where appropriate, will be to ask for help from the Senior Tutor. If the complainant would like the Senior Tutor to take action, s/he will need to give her/his permission for the

Senior Tutor to name her/him as the person who is making the complaint. If the allegations relate to

harassment or bullying by a member of staff, the Senior Tutor must refer the matter to the HR Department for investigation to ensure action is taken and the appropriate employment policies are followed. The Registrar to be informed of the allegation to ensure that appropriate procedures are followed from the student’s perspective and in accordance with the University’s Student Complaints Procedures.

57. Full details of the conduct in question must be supplied, including the name of the alleged harasser or bully, the nature of the alleged harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.

Investigations by the Senior Tutor

58. In cases of alleged harassment or bullying by another student or students, the Senior Tutor will first contact both/all parties (the student making the allegation and the person(s) named as the harasser or bully) to require that they do not contact each other while the matter is being investigated. The individual(s) named as the alleged harasser or bully will be required to respond directly to the Senior Tutor. Failure to

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59. The Senior Tutor will arrange a meeting with the student making the allegations of bullying or

harassment. S/he has the right to be accompanied at this meeting by a friend or a member of the Student Welfare team, acting as an observer. The person accompanying the student making the allegation must respect the confidentiality of the investigation. Further meetings will be arranged as appropriate throughout the investigation.

The Senior Tutor will meet with the alleged student harasser or bully to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.

It may be necessary to interview witnesses to any of the incidents mentioned in the allegation of bullying or harassment. If so, the importance of confidentiality will be emphasised to them.

Interim action

60. Where the allegation of harassment or bullying relates to an individual who is living in the same accommodation block and/or taking the same course as the student making the allegation, the University will consider what action may be appropriate to protect the student making the allegation and anyone else involved pending the outcome of the investigation, bearing in mind the reasonable needs of the University and the rights of that person.

During the investigation, the University will also consider seriously any request made for changes to the living accommodation or studying arrangements of the student making the allegation. For example, it may be necessary for that student to be asked to move accommodation or to change tutorial group, in order to minimise contact with the alleged harasser or bully.

Disciplinary Action/Mediation

61. At the end of the investigation, if the Senior Tutor finds that there has been harassment, the Senior Tutor will either take such disciplinary action as is appropriate (in accordance with University General Regulation 7.1), or, subject to the consent of both parties, arrange to resolve the matter through mediation. Whether or not the allegation of bulling or harassment is upheld, the University will consider how best to manage the ongoing relationship between the student making the allegation and the alleged bully or harasser. It may be appropriate to arrange some form of mediation and/or counselling, or to change the accommodation or tutorial groups of one or both parties. In certain circumstances, it may be necessary to involve the police.

Confidentiality

62. Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required.

63. The University Bullying and Harassment Procedure operates in tandem with the civil and criminal law and in no way precludes notification to the police by the victim at any time.

Malicious or vexatious complaints

64. All students should be aware that any allegations of bullying or harassment that are made vexatiously or maliciously may result in disciplinary action being taken against the person making the allegation (A complaint is malicious if the person making it either knows, or could be reasonably expected to know, that the complaint is false.)

Appeals

65. Appeals against decisions taken by the Senior Tutor will be dealt with in accordance with University Regulation 10 (General Regulations for Students of the University).

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